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Ganrante y Fiador Solidario e indivisible

English translation: joint and several guarantor

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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Spanish term or phrase:Garante y Fiador Solidario e indivisible
English translation:joint and several guarantor
Entered by: Edwal Rospigliosi
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19:05 Jul 10, 2003
Spanish to English translations [PRO]
Law/Patents
Spanish term or phrase: Ganrante y Fiador Solidario e indivisible
siendo XXXXX la empresa matriz y en su calidad de garante y fiador solidario e indivisible del contrato de riesgo compartido de la Empresa YYYYY su sucursal.....
fsp
Local time: 20:04
joint and several guarantor
Explanation:
According to my legal dictionary
Selected response from:

Edwal Rospigliosi
Spain
Local time: 02:04
Grading comment
Graded automatically based on peer agreement.
4 KudoZ points were awarded for this answer

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Summary of answers provided
5 +1[ordinary and] joint and several guarantor
Marian Greenfield
4 +2joint and several guarantor
Edwal Rospigliosi
5joint and several surety and guarantorManuel Cedeño Berrueta
5in its capacity as jointly and severally liable surety
Pat Mazzucco
4 -1guanrator and joint and indivisible sponsor
Michael Powers (PhD)


  

Answers


3 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): -1
guanrator and joint and indivisible sponsor


Explanation:
+

Michael Powers (PhD)
United States
Local time: 20:04
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 12658

Peer comments on this answer (and responses from the answerer)
disagree  Marian Greenfield: solidario = joint and several; fiador = guarantor/surety
16 mins
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10 mins   confidence: Answerer confidence 5/5 peer agreement (net): +1
[ordinary and] joint and several guarantor


Explanation:
::: OMC Card, Inc. ::: News 12 Apr, 2002
... 3-17-2 Kikukawa, Sumida-ku, Tokyo. (3) President: Kosuke Fujita. 2. Outline of
a party concerned (joint and several guarantor). (1) Name: Tobishima Corp. ...
www.omc-card.co.jp/eng/ir/news/ir_020412.html - 15k - Cached - Similar pages

Room Search Guide
... of the agreement. There are two types of guarantors- an "ordinary guarantor"
and a "joint and several guarantor". An ordinary guarantor ...
www.hiraganatimes.com/hp/room/e2.htm - 4k - Cached - Similar pages

Room Search Guide
... that you aim to pay. 2) Find someone willing to be your guarantor or
"joint and several guarantor". If you have difficulties finding ...
www.hiraganatimes.com/hp/room/e4.htm - 8k - Cached - Similar pages

UBS - Joint and several guarantee
... 1 of the Swiss Code of Obligations, the joint and several guarantor can be ordered
to pay on behalf of the principal obligor and before realization of the real ...
www.ubs.com/e/cc/trade_exportfinance/bankgarantie/ buergschaft/solidarischebuergschaft.html - 13k - Cached - Similar pages

CREDIT APPLICATION
... WITNESS (SEAL). JOINT AND SEVERAL (GUARANTOR). ( by entering information in the
above blocks, the information will become a legal and binding signature). ...
www.descoinc.com/CREDITAP.htm - 14k - Cached - Similar pages

[PDF]GUARANTEE CLAUSE IN CONSIDERATION of the premises and of the ...
File Format: PDF/Adobe Acrobat - View as HTML
... Guarantor: _________________ Signature: _________________________ Date: __________
Guarantor: __________________Signature: _________________________ Date ...
www.teraview.ca/ereg/fidocs/GUARANTEECLAUSE.pdf - Similar pages

Banamex.com | Personal Investing Derivatives Forwars
... A joint and several guarantor for the bank. Amount. Agreed on by both
parties. Market Participants. CONTRACTING PARTIES: Mexican or ...
www.banamex.com/eng/productos/personal/ banca_inversion/derivados/ - 22k - Cached - Similar pages

WTC JAPAN TRADE LEADS -- Japanese Trade Procedures(IMPORT ...
... importer will submit aB/L as soon as it is received, and requests issuance of aD/O
without aB/L. By this letter, the bank acts as a joint and several guarantor ...
www.wtcjapan.ne.jp/load.php?html=proce7_1&lang=US - 15k - Cached - Similar pages

[PDF]From the Commodore - Greg Lerond
File Format: PDF/Adobe Acrobat - View as HTML
... If elected, I agree to become a joint and several guarantor of any security
required to be given by the club during my period of office. ...
www.bbyc.com.au/images/TheLog/TheLog_May2003.pdf - Similar pages

Insolvency Law Reforms - Report on Korea (www.insolvencyasia.com ...
... In addition, directors would liable as joint and several guarantor if they have
agreed to jointly and severally guarantee the company's obligations. ...
www.insolvencyasia.com/insolvency_law_regimes/ korea/section_a.html - 15k - Cached - Similar pages


Marian Greenfield
Local time: 20:04
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 14613

Peer comments on this answer (and responses from the answerer)
agree  Patricia Fierro, M. Sc.
26 mins
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13 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +2
joint and several guarantor


Explanation:
According to my legal dictionary

Edwal Rospigliosi
Spain
Local time: 02:04
Native speaker of: Native in SpanishSpanish
PRO pts in pair: 49
Grading comment
Graded automatically based on peer agreement.

Peer comments on this answer (and responses from the answerer)
agree  canaria
1 hr

agree  Paul Slocomb
7 hrs
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4 hrs   confidence: Answerer confidence 5/5
in its capacity as jointly and severally liable surety


Explanation:
see the main difference between these terms in Black's Law Dictionary (surety is primarily liable, and the guarantor is secondarily liable)

Pat Mazzucco
Argentina
Local time: 21:04
Native speaker of: Native in SpanishSpanish
PRO pts in pair: 191
Login to enter a peer comment (or grade)

20 hrs   confidence: Answerer confidence 5/5
joint and several surety and guarantor


Explanation:
Usually, this would be redundant, but redundancy causes no damage in legal documents. In addition, in the United States there may be a difference between “surety” and “guarantor”.

See the references below.

Good luck,

Manuel
----------

The parties to a guarantee contract are:
1. The Creditor: The person receiving the benefit of the guarantee is called the creditor. This is usually the bank, finance company, supplier or lender.

2. The Principal Debtor: The person who is borrowing the money or obtaining the benefit of the contract.

3. The Surety or Guarantor: The person who provides the guarantee is called the surety or the guarantor.
http://www.tanandtanlawyers.com/focus/guarantee.asp
--------

"The Surety" means any guarantor giving a guarantee or any person giving any other form of security (including but not limited to a mortgage, charge, pledge, lien or such other form of encumbrances) in favour of the Bank under the Security Documents and where the context so admits, includes the Mortgagor.
http://www.google.co.ve/search?q=cache:Slp-R2UktAUJ:info.may...
---------

The giver of a guarantee is called “the surety,” or “the guarantor”; the person to whom it is given “the creditor” or “the guarantee”; while the person whose payment or performance is secured thereby is termed” the principal debtor,” or simply “the principal.” In America, but not apparently elsewhere, there is a recognized distinction between “a surety and “a guarantor”; the former being usually bound with the principal, at the same time and on the same consideration, while the contract of the latter is his own separate undertaking, in which the principal does not join, and in respect of which he is not to be held liable, until due diligence has been exerted to compel the principal debtor to make good his default. There is no privity of contract between the surety and the principal debtor, for the surety contracts with the creditor, and they do not constitute in law one person, and are not jointly liable to the creditor (per Baron Parke in Bain v. Cooper, I Dowl. R. (N.S.) Il, 14).
http://42.1911encyclopedia.org/G/GU/GUARANTEE.htm
----------

II. Definitions
A. General
The term surety is commonly used as a synonym for guarantor, although at one time the term surety primarily described a guarantor whose liability arose by deed. [See K. P. McGuinness, The Law of Guarantee (2nd ed.) (Toronto: Carswell, 1996) at p. 25] Under American law, there is a technical distinction between suretyship and guarantee. In Canada, suretyship is not considered to be a form of undertaking distinguishable from a guarantee. However, some early Canadian cases use the word surety to refer to what is now called an indemnity. (See Campbell v. McIsaac (1873), 9 N.S.R. 287 (C.A.), per Shaw C.J.) Throughout this paper, surety and guarantor are used interchangeably.
(…)
VI. Co-Sureties (Joint, Several and Joint and Several)
A. General
Several liability arises when two or more persons make separate promises to another. The promises are cumulative, and payment or performance by one does not discharge the other, unless there is total payment or performance.
Parties are jointly liable when two or more persons promise to do the same thing. Since there is only one promise, performance or payment by one discharges the other. Joint and several liability arises when two or more persons make one promise to do the same thing and also make separate promises to do the same thing.
In most standard forms of guarantees, the obligations of the co-sureties are stated to be joint and several. The distinction between joint and several and joint promises can be significant. Two important differences for the purposes of action by banks against multiple guarantors are as follows: (…)
http://www.cwilson.com/pubs/comlend/kjm1/guarantee.htm


Manuel Cedeño Berrueta
Local time: 20:04
Native speaker of: Native in SpanishSpanish
PRO pts in pair: 1094
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